HomeMy WebLinkAboutAgenda - Planning Commission - 08/31/2021South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, August 31, 2021
City Hall, 180 Market Street
7:00 pm
The Planning Commission will attend this meeting in person. Members of the public may attend in
person or digitally via GoToMeeting. Participation Options:
In person: South Burlington City Hall Auditorium, 180 Market Street
Interactive Online: (video & audio): https://global.gotomeeting.com/join/636993181
Telephone (audio only) +1 (571) 317-3112; Access Code: 636-993-181
AGENDA:
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:05 pm)
4. *Swift-Spear Intersection Study: Commission possible action to select preferred alternative (7:10 pm)
5. *Continue review of draft amendments to the Land Development Regulations (7:20 pm)
a. Review Updates to Environmental Protection Standards and confirm updates made to Habitat Block
& Connectors Map
b. Continued review of draft Conservation PUD type
c. Summary and review of stand-alone amendments to the LDRs, including:
• LDR-21-01 Solar-Ready Roofs addition to Commercial Building Energy Standards (3.15D)
• LDR-20-21A Retaining walls;
• LDR-20-21B Bus Shelters;
• LDR-20-21C RV Parking;
• LDR-20-21D Traffic visibility 3.06(E);
• LDR-20-21E Airport Approach Cones & FAA review (3.07, 6.02, 6.03, 13.03);
• LDR-20-21F Earth Products (13.17);
• LDR-20-21G Utility Cabinets and Similar (Section 13.18);
• LDR-19-07 Solar Canopies in Parking Areas (Section 13.06);
• LDR-20-18C Structures requiring setbacks (3.06(F));
• LDR-20-18D Setbacks for pre-existing lots (Section 3.06(J));
• LDR-20-18E Setbacks and Buffer Strips Adjacent to Residential Districts (3.06(I));
• LDR-20-18G Height of Accessory Structure (3.07):
• LDR-20-18H Additional Height Standards (3.07):
• LDR-20-18J Drive-throughs (Section 5.01, 5.02, 13.11, Table C-1);
• General LDR Re-Organization
6. Nominate member to serve on Climate Action Plan Task Force (8:55 pm)
7. Other Business: (8:57 pm)
a. Review Project Schedule
8. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
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575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: August 31, 2021 Planning Commission Special meeting
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:05 pm)
4. *Swift-Spear Intersection Study: Commission possible action to select preferred alternative (7:10 pm)
Enclosed please find a staff memo as well as the recommendation from the Bike/Ped Committee.
If Commissioners are prepared to endorse a “preferred alternative”, the motion would be:
“I move to approve the roundabout alternative as the preferred alternative for advancement to the next
level of study”
The project study website, including the review of alternatives, can be found here:
https://www.ccrpcvt.org/our-work/transportation/current-projects/scoping/swift-and-spear-street-
intersection-feasibility-study/
5. *Continue review of draft amendments to the Land Development Regulations (7:20 pm)
a. Review Updates to Environmental Protection Standards and confirm updates made to Habitat Block
& Connectors Map
Enclosed please find an updated version of Article 12 (Environmental Protection Standards). The
updated draft includes the modifications requested by the Planning Commission on 5/25 and the
accompanying Habitat Block & Connectors map that was attempted to be provided to you on 7/13
but for which the PDF didn’t seem to work. Commissioners are asked to verify that these
amendments (plus the staff recommended addition) are as requested by the Commission.
The draft also includes one additional modification to the wetlands section, to provide clarity on
how a proposed “redevelopment” of a previously disturbed wetland buffer should be treated. (eg:
turning a parking area into something else). Under state rules, because such a parking lot is within a
buffer, even changes to parking lot require review. This would require review and a reduction in
impact, but would provide a path so that it is not required to be left “undisturbed” as a parking lot.
You will also see that we are proposing to re-organize the Article. Most notably:
1. Habitat Blocks and Habitat Connectors are proposed to be Overlay Districts. As discussed last
month, we think this will help clarify that these are policy-based boundaries adopted by the City
like the other city-established overlay districts, and not subject to a field delineation to
determine boundaries.
2
2. We are proposing to put ALL of the Environmental Resources (overlay districts and other) into a
single article 12, rather than constantly having to refer to Articles 10 & 12.
3. Stormwater standards are moved to article 13, as they are more infrastructure than
environmental conservation.
b. Continued review of draft Conservation PUD type
Commissioners asked to return to the draft of 8.18 to complete review of pieces that were not
yet discussed.
c. Summary and review of stand-alone amendments to the LDRs, including:
See enclosed memo.
6. Nominate member to serve on Climate Action Plan Task Force (8:55 pm)
The City Council last week approved a motion establishing a Climate Action Plan Task Force. The
Planning Commission is asked to nominate a member to serve on the Task Force for Council
consideration and approval next month. The Climate Action Plan Task Force memo can be found here:
https://sbvt-records.info/WebLink/DocView.aspx?id=251726&dbid=0&repo=SBurl&cr=1
7. Other Business: (8:57 pm)
a. Review Project Schedule
8. Adjourn (9:00 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Memorandum
To: Planning Commission
From: Dalila Hall, Administrative Officer
Sai Sarepalli, CCRPC – Sr. Transportation Planning Engineer
Jason Charest, CCRPC – Sr. Transportation Planning Engineer
Date: August 20, 2021
Re: Swift/Spear Feasibility Study
The Study Project Team requests to attend either the 8/31 meeting or the next available meeting during
the first full week of September of the Planning Commission to report back on our 8/11/2021 meeting
with the Bicycle/Pedestrian Committee. At that meeting, we provided a broad overview of the study
and reviewed the four alternative intersection geometries and responded to questions about each of
the designs. The Committee voted to select a preferred alternative to advance to the next stage of
analysis which they will recommend to the Planning Commission directly.
The Swift/Spear Feasibility Study was scoped as a six-month study to explore options to improve travel
conditions and safety for all modes of travel including walking and bicycling through the Swift Street /
Spear Street intersection. The timeframe has been extended to allow additional formal input from the
Bicycle/Pedestrian Committee. The Team is now at the stage of concluding the study. The feasibility
analysis showed clear operational benefits for all intersection users with the roundabout design
alternative. Public input from the second study survey, which focused on feasible alternatives, also
ranked this as the most preferred alternative. The second most preferred alternative was the shifted
intersection design. The shifted intersection does not meet as many of the operational benefits as the
roundabout, but it does deliver an improvement over the existing alignment. This feasibility study was a
high-level review that sought to identify potential design options that could then be further advanced
for more detailed study and development. The next level of study would be a scoping level analysis
which will entail a detailed level of conceptual design and greater public outreach and input in the
process.
The Project Team recommends that the Commission make a motion at the meeting to identify which
one of the alternatives (preferred alternative) they wish to advance to the next level of study.
Memo
August 23, 2021
To: Planning Commission
From: Bike and Pedestrian Committee
Regarding: Recommendation for Swift/Spear Intersection Design
The Bike/Ped committee was asked to make a formal recommendation for one of the four
designs under review for the Swift/Spear Intersection. This was discussed at our last meeting,
August 11, 2021. The impetus for updating this intersection was the number of accidents at this
intersection. The goal of a new design being to improve safety.
Our committee endorses the roundabout option. This option is noted to be the safest for
pedestrians and cyclists and was the basis of our recommendation.
Submitted by Havaleh Gagne, Chair Bike/Pedestrian Committee.
Draft 2021-08-27
Draft LDR Amendments March 26, 2021 1
12 LDR-20-01: ENVIRONMENTAL PROTECTION STANDARDS & RELATED
12 ENVIRONMENTAL PROTECTION STANDARDS
[NOTE TO DRAFT: ARTICLE 12 IS SHOWN AS A COMPLETE REPLACEMENT OF THE
EXISTING TEXT.]
12.01 General Protection Standards and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards and Review Procedures
12.07 River Corridor Overlay District
12.08 Flood Hazard Area Overlay District
12.01 General Protection Standards, Classifications and Review Procedures
A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the
Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South
Burlington” and objective to “promote conservation of identified important natural areas, open spaces,
aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and
recreational assets” in balance with the overall goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or minimize
undue adverse effects on these natural resources. The natural resources regulated in this article may also be
subject to specific subdivision or planned unit development standards. Where there is conflict between
subdivision or planned unit development standards, and the standards in this article, the standard that
imposes the greater restriction shall apply.
B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and
Level II Resources.
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Initial
Identification
Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested
River Corridor except intermittent streams 12.07 ANR Atlas If requested
Class I, II Wetlands, Buffers 12.06 ANR Atlas Required
Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted
Level I Resources
Habitat Blocks 12.04 Habitat Block and
Connectors Map
N/A unless seeking
exchange per
Section 12.04
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 2
Habitat Connectors 12.05 Habitat Blocks
and Connectors
Map
N/A unless seeking
modification per
12.05
Level II Resources
Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.06 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted
River Corridor - Intermittent Streams 12.07 Site Mapping If impacted
C. Applicability of Standards. All development must comply with the provisions of this Article, unless
otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and
working lands, unless explicitly waived or amended in this section. Exemptions include:
(1) Uses and structures exempt from local regulation pursuant to 24 V.S.A. §4413.
(2) Construction of fences (i) that enclose cleared areas, such as lawn areas surrounding a residence,
provided the clearing occurred prior to [effective date of this provision] or was approved by the DRB in
accordance with this Article; or (ii) erected for standard agricultural purposes or, (iii) lower than 4 feet and
that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground.
In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations.
(3) Exemptions as specified elsewhere in these Regulations.
D. Development Review Process. All development that may encroach upon a natural resource regulated
in Article 12 shall be subject to Site Plan Review by the Development Review Board (see Article 14). However,
if the encroachment is proposed as a part of a subdivision or Planned Unit Development application, the
proposed encroachment shall be reviewed under those procedures instead of Site Plan Review. Other
exceptions include:
(1) Applications involving development on Steep Slopes between 15% and 25% grade (Section 12.03)
shall be reviewed via administrative Site Plan Review (Section 14.09), unless the application is for a single-
household dwelling or two-household dwelling or associated accessory structures, in which case the
application may be approved via a zoning permit reviewed by the Administrative Officer.
12.02 Restricted Infrastructure Encroachment
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may be
allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall
be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development
listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels
and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I,
and Level II Resources.
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 3
(3) Public and Private Street crossings designed to cross Hazards, Level I, and Level II Resources.
(4) Public and Private Driveway crossings designed to cross Hazards, Level I, and Level II Resources.
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
C. Qualifying Criteria. Encroachment into the resource may only be allowed if there is a finding that the
proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards,
and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the
area; or
(6) For purposes of providing safe access in accordance with City roadway and connectivity standards to
an approved use.
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be
subject to the development review process outlined in Section 12.01(D).
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and meet
all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors
(Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects
involving streets and/or driveways crossings of River Corridors (Section 12.07), Wetlands Buffers
(Section 12.06), and/or Habitat Blocks (Section 12.04) that are not shown on the City Official Map may
be allowed only upon a determination by the Development Review Board that all resource-specific
standards and following standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic
hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least impact feasible to the specific resource.
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 4
12.03 Steep Slopes
A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as
mapped and delineated for this purpose, in order to:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water
quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls,
slides, slumps and other downslope movements of materials or structures.
(3) Maintain and re-establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability. All development is subject to the standards below where steep slopes or very steep slopes
are present.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared
by a licensed engineer shall also be submitted to ensure that no erosion hazards are created that would
have an undue adverse effect on surface waters, wetlands, areas of special flood hazards, or
downstream facilities, and any recommended mitigation measures
D. Review Process. Per Section 12.01(D), applications involving development on Steep Slopes between 15%
and 25% grade shall be reviewed via administrative Site Plan Review (Section 14.09), unless the
application is for a single-household dwelling or two-household dwelling, in which case the application
may be approved via a zoning permit reviewed by the Administrative Officer.
E. Standards.
(1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is
prohibited on slopes greater than 25%.
(2) Steep Slope Standards. All development must be designed to avoid undue adverse effects on slopes
between 15% and 25%. Clearing of vegetation, excavation and filling on steep slopes shall be
minimized. All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Slopes exceeding 15 percent that are created by an approved earth
products removal use shall be exempt from the regulations of this subsection.
12.04 Habitat Block Overlay District
A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety of
wildlife species and provide opportunities for some species to access several habitat areas, the City
engaged a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat
Block Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 5
unmanaged wetlands. Based on the information in that report, the City has designated certain areas
permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid
undue adverse effects from development on these resources, promote the natural succession of vegetated
areas of native vegetation in order to support wildlife habitat and movement, promote carbon
sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all development proposed in areas indicated as
“Habitat Blocks” on the Habitat Blocks & Connectors Map, except as follows:
(1) On lots less than one (1) acre in size existing as of the effective date of these Regulations;
(2) On land located within a 50-foot horizontal distance of a principal building on the subject parcel existing
as of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block
pursuant to the modification options of this section or as part of a Conservation Planned Unit
Development.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as
applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a
Habitat Disturbance Assessment, the submittal requirements of Section 12.04(J) shall apply.
D. Modification of Habitat Block. An applicant may request approval from the Development Review Board
to modify a Habitat Block in any of the following manners. An applicant may select any one of the three
modification options below. A development application may not include more than one option for any
application.
Land located within the SEQ-NRP zoning subdistrict, Hazards, Level I Resources, previously approved as
open space or conserved land, subject to a deed restriction prohibiting development, subject to a
conservation or density reduction easement, or owned by a public entity shall not be eligible for any of
the three options to modify a Habitat Block.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a
Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written
request by the applicant as part of the requisite application. Any proposed reduction in Habitat Block
area must be offset with an equal addition elsewhere within the same subject parcel or Planned Unit
Development. The land to be protected through the modification of the Habitat Block boundary must
be contiguous to the Habitat Block. In no case shall the Development Review Board approve a net
reduction of the area of a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less,
for an equal amount of land within the same Planned Unit Development or Site Plan upon written
request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include
Core Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected
through the exchange may be located separate from the Habitat Block. To approve a small on-site
habitat block exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast
height (dbh) within the exchange area. .
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 6
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
for the addition of an equal amount of contiguous land within the same Habitat Block upon written
request, and pursuant to the standards of this Section. The exchange of land within the same Habitat
Block may occur within one parcel or on separate parcels.
(a) Supplemental submittal requirements.
(i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat
Block.
(ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment
(HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards
contained within this subsection.
(b) Supplemental Standards of Review. The Development Review Board may approve a re-
designation of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and,
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must
be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will not be
removed from the Habitat Block, such that the modified Habitat Block is a continuous whole
that is not interrupted or separated by roadways, railways, or other impeding infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be
identified on the subdivision plat that is recorded, and in associated legal documents, for the
purposes of subsection I, below.
(i) Land located within the SEQ-NRP zoning subdistrict, Hazards, Level I Resources, previously
approved as open space or conserved land, subject to a deed restriction prohibiting
development, subject to a conservation or density reduction easement, or owned by a public
entity shall not be eligible to be used for a land exchange.
(ii) Any land proposed to be added / conserved shall be accompanied by a restoration plan,
prepared by a landscape architect, professional wildlife biologist, or equivalent, that will result
in the land functioning as a Significant Wildlife Habitat within a period of ten (10) years and
being classified as transitional forest / forest by a land use / land cover assessment at that
time.
E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I Resources
exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards as
follows:
(1) [Reserved]
(2) The Development Review Board may approve exclusion of an area of land within the Habitat Block not
to exceed thirty (30) percent of the total lot area. Where applicable, land shall be excluded in the
following order:
• First: Land not a Hazard or Level I Resource;
Commented [PC1]: Note: this section to be
cross-referenced and updated to match priorities
with final Conservation PUD
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 7
• Second: Land that is not characterized by a preponderance of mature trees;
• Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which
would sever a Habitat Connector.
• Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest
extent possible;
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is excluded, and the thirty (30) percent allotment of excluded land has not been reached,
then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that exclusion of land pursuant to the priority order
above is in conflict with the purposes of this section, or where it finds that strict adherence to the
priority order does not allow for a unified PUD consistent with the purposes or intent of these
regulations, it may approve modifications to the land selected. Any such modifications shall be
minimized in terms of land area and changes to, or reordering, the priority order.
(c) Any land excluded from Habitat Blocks regulated under this subsection shall remain subject to all
other provisions of these Regulations.
F. Standards for Habitat Block Protection.
(1) General standards. Except as specifically exempted pursuant to Subsections (G)(1) and (2) below,
approved by the DRB pursuant to subsection (G)(3) below, or modified in accordance with Section (D)
above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated condition.
Specifically:
(a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
(b) The creation of new lawn areas within Habitat Blocks is prohibited.
(d) Snow storage areas within Habitat Blocks are prohibited.
(e) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes
shall not contain any land located within Habitat Blocks.
(f) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width,
or their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Blocks & Connectors Map.
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H. Development within Habitat Blocks. The encroachment of new development activities into, and the
clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks and Habitat Block
buffers is prohibited. However, the DRB may allow the following types of development within a Habitat
Block where a modification option has been approved pursuant to 12.04 (D) and subject to the standards
in Section 12.04(F):
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
(a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
(b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to
meet State or Federal law; and,
(c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or
culverts.
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are
located outside the Habitat Block.
(a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All
such structures must be consistent with the adopted management plan for the park, if one exists.
(3) Research and educational activities, provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the Habitat Block.
(a) Research and educational structures not exceeding 500 square feet gross floor area, such as
seating areas made of natural materials, storage sheds, or climbing structures, may be allowed
within a Habitat Block or Habitat Block buffer.
I. Habitat Block & Connectors Map. The approval of a modification of a Habitat Block pursuant to Section
(D), above, or of the exclusion of an area of land from a Habitat Block pursuant to Section (E), above, shall,
without further action, revise the Habitat Block & Connectors Map accordingly. After the effective date of
these regulations, the Habitat Block & Connectors Map may be revised only once for each Substantially-Habitat
Block-Covered lot from which a portion of the land within the Habitat Block has been excluded.
J. Habitat and Disturbance Assessment (HDA)
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with mapped Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05)
where an applicant is seeking to relocate a portion of the Habitat Block or Habitat Connector.
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall
contract with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the
Development Review Board shall include the following information:
Commented [PC2]: Note: integrated into
Habitat Block for ease of reading. Referenced by
Habitat Connectors
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(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors as indicated on the
Habitat Blocks & Connectors map on or within 200 feet of the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific types of habitat found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
habitat and, if significant habitat is proposed to be disturbed, the total area of disturbance and
the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of habitat for specific identified
species, possible replacement or provisions for substitute habitats that serve a comparable
ecological function to the impacted habitat, and/or physical design elements to incorporate into
the project.
12.05 Habitat Connector Overlay District
A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B. Applicability. The requirements of this Section will apply to all areas indicated as “Habitat Connectors” on
the Habitat Blocks & Connectors map, except as follows:
(1) Lots or parcels of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards.
(1) The applicant shall retain a 150-foot-wide Habitat Connector where indicated on the Habitat Blocks &
Connectors Map.
(2) Contiguous Hazards, or other contiguous protected natural resources regulated in Article 12, may be
used to count towards the connector width.
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(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Habitat Connector. An applicant may apply to relocate a Habitat Connector from its
location on the Habitat Blocks and Connection Map but must connect to mapped Habitat Connectors
or Habitat Blocks on adjacent parcels. Any relocated portion shall be accompanied by a restoration
plan, prepared by a qualified consultant (e.g., landscape architect, professional wildlife biologist or
equivalent). The restoration plan shall consist of planting native tree species (at least 2 inches in caliper)
within areas of the relocated Habitat Connector and shall design the relocated Habitat Connector to
support the movement of mammal species such as fisher, bobcat, river otter, mink and coyote within
a period of ten (10) years.
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along their entire length of the Habitat Connector. Restoration shall consist of
planting native tree species (at least 2 inches in caliper) within areas of the Habitat Connector less than
150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a
waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing
structures on the subject parcel.
12.06 Wetland Protection Standards
A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect
wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
limited flexibility for larger class III wetlands (over 300 square feet in size) and their respective buffers, and for
Class II wetlands and their respective buffers in specific identified areas of the city.
B. Applicability. All development in the City of South Burlington shall comply with the requirements of
this section. The requirements of this Section will apply to all lands described as follows, collectively referred
to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Institutional
and Agricultural and Municipal only) zoning districts, as established in Section 3.01 of these
Regulations, all Class I wetlands, and their related buffer areas, measured one hundred (100) feet
in horizontal distance from the boundary of the wetland, are subject to the provisions of this
section.
(b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (excepting
those enumerated in Subsection B(1)(a)) zoning districts, as established in Section 3.01, all Class I
wetlands, and their related buffer areas, measured two hundred (200) feet in horizontal distance
from the boundary of the wetland, are subject to the provisions of this section.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Institutional
and Agricultural and Municipal only) zoning districts, as established in Section 3.01 of these
Regulations, all Class II wetlands, and their related buffer areas, measured fifty (50) feet in
horizontal distance from the boundary of the wetland, are subject to the provisions of this section.
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(b) In all Residential and Other (excepting those enumerated in Subsection B(1)(a)) zoning districts,
as established in Section 3.01, all Class II wetlands, and their related buffer areas, measured one
hundred (100) feet in horizontal distance from the boundary of the wetland, are subject to the
provisions of this section.
(3) Class III Wetlands. All Class III wetland areas 300 square feet or larger in size, and their related buffer
areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to
the provisions of this section. Class III wetlands less than 300 square feet in size are not regulated by
the City.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as
applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of
Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their
review of the application instead of requiring an additional or separate delineation.
D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant
may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this
standard per the regulations in Section 12.06(F)
(2) Class III Wetlands. Development in a Class III wetland (meeting 300 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. However, an applicant may seek approved for a Restricted Infrastructure
Encroachment under this section or to modify this standard where allowable per the regulations in
Section 12.06(F).
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be considered
non-conforming development. Non-conforming development within a wetlands buffer may not be
expanded.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
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(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as
reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage.
E. Exemptions. The following activities are not required to meet the standards in this section and do
not require a local permit:
(1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces
located within a wetlands buffer, and that were legally in existence as of the effective date of these
regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g. non-motorized
or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the
Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and
their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons
and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class
II or Class III wetland. All trails located within this buffer area should be constructed to meet the best
practices outlined in the Recreational Trail Building Guidance document developed by the Vermont
Agency of Natural Resources.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of this
section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning
Districts.
(b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure, structure,
and impervious surface within a Class II wetland buffer in any zoning district, provided the
relocated area is of equal or smaller size.
(c) Installation of low-impact development stormwater practices consistent with wetland functions
and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 300 square feet in area and associated buffer
within all zoning districts.
(2) Modification Standards. The Development Review Board may grant a modification from the rules of
this Section only if a modification application meets all of the following standards:
(a) The modification shall be the minimum required to accommodate the proposed development;
Commented [PC3]: Added based on PC
discussion 5.21
Commented [PC4]: Added based on PC
discussion 5.21
Commented [PC5]: Proposed addition for PC
consideration
Commented [PC6]: Added per PC discussion
5/25
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments 13
(b) The proposed development will not have an undue adverse effect on the planned character of the
area, as defined by the purpose statement of the zoning district within which the project is located,
or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland functions
and values identified in the field delineation.
12.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space
necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural,
physical processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
and
(5) Provide sufficient space for wildlife habitat along rivers and streams.
(4) Provide allowances for infill and redevelopment of designated centers that are within river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the
underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply in
addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another
such district, the stricter provision shall apply.
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(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which are
hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
resources.
b. All Other River Corridors. River Corridors on all other streams shall be considered a Hazard
resources.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
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(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the
ground elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to
the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams,
dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams
that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit,
if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
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(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure
within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food
& Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02
and the standards of this section.
Replacement of on-site septic systems.
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to the
State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural
Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of
comments from the Agency, or the expiration of 30 days from the date the application was mailed
to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont
Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued
only following receipt of comments from the Vermont Agency of Natural Resources, or the
expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural
Resources, whichever is sooner.
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is
generally prohibited. This standard also does not apply to forestry operations or silvicultural
(forestry) activities exempt from local zoning regulation or the removal of trees that are dead,
diseased, heavily damaged by ice storms or other natural events, or identified as an invasive
species. The placing or storing of cut or cleared trees and other vegetation is also prohibited.
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(a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing non-conforming
lawn areas in the River Corridor, shall not be required to brought into conformance with
the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-
existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized
mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway
crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to
connect parcels and neighborhoods, or provide recreational opportunities, approved under
Section 12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
i.Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1);
or,
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Draft LDR Amendments 18
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
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from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the
general public and promote the public trust uses of the water shall include a condition prohibiting the
permittee from actively managing the applicable section of river solely to protect the public water
access from lateral river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife
passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from
flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
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(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal
flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414,
there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington
identified as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain
Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other
existing zoning districts. All other requirements of the underlying district shall apply in addition to the
provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of two
areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and on Map ****, and Map ***, and
mapped as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is
composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
the applicant may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
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a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
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Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
combined with all existing and anticipated future development, will not increase the
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water surface elevation of the base flood by more than one foot at any point within
the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
ii. A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
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iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
iv. Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
v. River and floodplain restoration projects, including dam removal, that restore natural
and beneficial floodplain functions and include written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
vi. Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
viii. Building utilities.
ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to ensure
that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
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(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2) Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
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(b) All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g) Structures.
i. Residential Structures
a) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
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structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
(h) Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited.
(i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2% annual
chance floodplain that is capable of accommodating emergency services vehicles. The top of the
access road shall be no lower than the elevation of the 0.2% annual chance flood event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
or repaired building shall meet the following mitigation performance standards for areas below
the base flood elevation:
Commented [PC7]: [note to draft: ensure that
this is clear that pre-existing enclosed areas below
grade would need to be removed or closed in in the
instance of a substantial improvement].
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i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from
inundation and scour or be easily repaired;
ii. The building foundation shall be structurally sound and reinforced to withstand a base
flood event;
iii. The structure’s historic designation shall not be precluded;
iv. The likelihood of flood waters entering the structure during the base flood is reduced;
and
v. There shall be no expansion of uses below base flood elevation except for parking,
storage, building access, or, in the case of non-residential buildings, where the space
is dry floodproofed.
(o) No Rise Requirement. No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in flood levels within the
regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will: a)
Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore.
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all requirements
of the National Flood Insurance Program and these regulations;
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-occupancy
unless brought into compliance with these regulations and Section 3.11(G). An abandoned use shall not be
permitted unless brought into compliance with these regulations.
I. Variances.
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(1) A variance for development in the Floodplain Overlay District may be granted by the Development Review
Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the
applicant in writing over the signature of a community official that the issuance of a variance to construct
a structure below the base flood elevation increases risk to life and property and will result in increased
flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be
maintained with a record of all variance actions.
J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or substantial
improvements to structures in the Floodplain Overlay District.
(1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review
the permit conditions and inspect the premises to ensure that:
i. All required state and federal permits that have been obtained by the applicant;
ii. All work has been completed in conformance with the zoning permit and associated approvals; and
iii. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built
floodway encroachment analysis).
K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action related
to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the
following procedures:
1. The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative
Officer for development that is not in conformance with this section.
2. If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a
declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood
insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as
amended.
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C H E E S E F A C T O R Y R DOLDFARM RDHabitat Block & Connectors
South Burlington, Vermont
Effective INSERT DATE
0 0.75 1.5 2.25 30.38
Miles
Disclaimer:
The accuracy of the information this map
presents is determined by its sources.
The City does not guarantee accuracy, but
in designating certain lands as Habitat
Blocks and Habitat Connectors, the City
relies upon and presumes the accuracy of
the field data and assessments underlying
the information this map presents.
The Chittenden County Regional
Planning Commission is not responsible
for any errors or omissions. Users
release the City from all liability related
to this map and its use. The City shall
not be liable for any direct, indirect,
incidental, consequential or other
damages.
Note: Parcel Line data is provided
for reference purposes only, and there
may be new parcel data that is not
depicted. The City reserves the right to
update this map with new parcel data as it
becomes available.
Data Source:
Parcel Boundary-South Burlington
(2018)
Habitat Blocks + Connectors-Arrowood
Consulting, City of South Burlington
Map Prepared by M. Needle using
ArcGIS Pro. All Data is in VT State Plan
NAD 1983.
Date: 7/7/2021
DRAFT
Legend
Parcel Boundary
City Boundary
Stream or River Centerline
Level I Resources
Habitat Connector
Habitat Block
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Stand Along Amendments, Winter/Spring 2021
DATE: August 31 2021 Planning Commission meeting
Below please find a summary & text of proposed “stand-alone” amendments within draft 2021 amendments
to the LDRs.
These amendments consist of either direction provided by the Planning Commission in 2020/2021 to
prepare draft text, or minor & technical amendments that have been collected over the course of preparing
these draft amendments. With the exception of LDR-21-01, these were included in the January 26, 2021 “full
draft” of the LDRs.
Staff recommendations:
- Staff recommends the Commission review LDR-21-01 (Solar Ready Roofs) and determine if it wishes
to advance these at this time
- The remainder of the amendments are minor in nature. Staff recommends the Commission advance
each of these; however, if any Commissioner is uncomfortable with an item, they can generally be
removed from this draft as they are “stand-alone”
- At the end of the list you will see an item labelled “re-organization of the LDRs.” In order to improve
overall usability of the Regulations, and especially with the significant amendments underway, staff
has been undertaking a re-organization. Staff has a “cross-walk” document showing where each
section would move to. This does not change the substance, but does improve flow of the
document.
• LDR-21-01 Rooftop Solar Requirements for buildings subject to Commercial Building Energy
Standards (Section 3.15D)
Summary: Energy Committee recommended two amendments:
o Require solar-ready roofs on new/substantially altered Commercial Buildings, via the specific
authorization given to VT municipalities for this “add-on” requirement
o Require a minimum amount of solar to be installed on commercial buildings.
Status: Planning Commission requested staff research questions and provide draft of solar-ready
roof requirement. With the work of IZ being the priority, staff has not had the time to research, test,
and develop language for the second recommendation from the energy committee, to require
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2
actual solar installation. The language for the “add-on” requiring solar-ready roofs is ready,
however.
Staff recommendation: Staff recommends the Commission proceed with adopting the solar-ready
roof requirement as specifically enabled in the Vermont Commercial Building Energy Standards, and
consider the requirement for a solar installation as part of a future round of amendments to the
LDRs.
3.15 Residential and Commercial Building Energy Standards
A. Applicability. This section shall apply to the receipt of a zoning permit for the construction and
subsequent alteration of all new principal buildings beginning December 1, 2015, or the date that this Section
3.157 becomes effective, whichever is later.
B. Residential Building Energy Standards (RBES). Residential buildings, as defined by 30 V.S.A. section
51(a)(2), that are principal building, shall comply with the Stretch Code, as defined by 30 V.S.A. section 53)a).
Such buildings for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in
the South Burlington Land Records shall be deemed land development without a zoning permit in violation
of these Regulations.
C. Commercial Building Energy Standards (CBES). Commercial buildings, as defined by 30 V.S.A.
section 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards
Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. If no such
Guideline exists, it shall not be applied. Such buildings for which the CBES Certificate certifying compliance
with the CBES and Guideline is not recorded in the South Burlington Local Records shall be deemed land
development without a zoning permit in violation of these Regulations.
(1) New commercial buildings subject to this Section for which a zoning permit is received after July 1, 2022,
shall be required to meet the standards of Appendix CA: – Solar-Ready Zone of the Commercial Building
Energy Standards as prepared and revised by the Vermont Public Service Department.
• LDR-19-07 Solar Canopies in Parking Areas (Section 13.06).
Commission had previously reviewed and provided direction to be more clear about applicable
areas (Summer 2019).
13.06 Landscaping, Screening, and Street Trees
…
B. Landscaping of Parking Areas.
…
(6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed
over surface parking areas, the requirements of this section shall be modified as follows:
(a) The requirements for interior landscaping and planting islands shall not apply to any area covered by
solar panels or their support structures, and;
(b) The requirements for perimeter trees shall not apply where such trees would interfere with the
installation or function of the panels; instead, alternate means of providing screening and reducing
glare from parking area perimeters, including hedges, fencing, or art installations shall be provided.
• LDR-20-21A Retaining walls (Section 13.25).
Minor change to allow approval of a retaining wall within 5’ of a property line subject to DRB review
as a conditional use.
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13.25 Retaining Walls
A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall.
B. Specific Requirements. All retaining walls shall be subject to the following requirements:
(1) All retaining walls shall require a zoning permit from the Administrative Officer.
(2) A retaining wall shall be erected within the boundaries of the applicant’s property and shall
be set back at least five (5) feet from all property boundaries.
(3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular
or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining
walls near the corner of a property at the intersection of two roads shall provide for a clear vision area
defined as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet
distant from the intersection of the street right-of-way lines and measured along such lines.
(4) A retaining wall over eight (8) feet in height or proposed to be located within five (5) feet of a
property boundary shall require approval by the Development Review Board as a conditional use
subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by a
certified engineer that the retaining wall is structurally sound to serve its intended purpose.
(5) Retaining walls shall be maintained in a safe and substantial condition.
• LDR-20-21B Bus Shelters (Section 13.09)
Removes requirement for review through LDRs if located within a public ROW [note: all other
projects within the City’s right-of-way are not reviewed under the LDRs unless they are part of a
development application; bus shelters are an anomaly. Structures in the ROW are the responsibility
of DPW.
13.09 Bus Shelters [Reserved]
A. Specific Requirements. Bus shelters may be constructed adjacent to or within street rights-of-
way in any zoning district after approval of a site plan by the Development Review Board. The shelter shall
be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or
discharge passengers. The design shall be harmonious with adjacent properties. Such structure shall not
have more than one (1) sign, such sign not exceeding two (2) square feet in area.
• LDR-20-21C RV Parking, Section 3.09.
Amendment would allow RVs to be placed (parked) in the same locations as an accessory structure
on that same property, plus in the driveway. Also clarifies that such RV must be a registered vehicle.
Currently RV parking areas are more restrictive and limited only to being behind all facades of the
house (ie, there is no guidance/allowance for unusual circumstances such as through-lots or corner
lots).
3.08 Temporary Structures and Uses
The following uses are permitted without requiring review under this section provided such uses do not
exceed the stated limits of this subsection. Uses which exceed the stated limits shall be considered to be
permanent uses and, as such, are restricted by other portions of these regulations.
(1) The outdoor storage or parking of one (1) registered recreational vehicle per residential lot by the
owner, if not used for residential purposes. In residential districts, outdoor storage or parking of
recreational vehicles may be parked in a residential driveway or where an accessory structure on the
same lot is permittedshall be either in the side yard or rear yard from November 1st through April 30th.
One (1) recreational vehicle may be parked in a residential driveway from May 1st through October
31st.
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• LDR-20-21D Traffic visibility 3.06(E):
Change from 30’ to 25’ setback to be consistent throughout Regulations
3.06 Setbacks and Buffers
E. Traffic Visibility across Yards. No shrubbery shall be erected, maintained, or planted on any lot that
obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area shall be the
triangular area formed by the lot lines along the streets and a line connecting them at points twenty-five
(25) thirty (30) feet from the intersection.
• LDR-20-21E Airport Approach Cones & FAA review (3.07, 6.02, 6.03, 13.03):
Updates language pertaining demonstration of submittal of project to the Federal Aviation
Authority. New language was prepared in consultation with the FAA.
3.07 Height of Structures
…
G. Airport Approach Cones.
All height provisions are subject to the limitations of Article 13, Section 13.03, Airport Approach Cones.
6.02 Airport District AIR
…
F. Additional Standards.
All applications for development within the AIR District involving new or expanded buildings or structures
shall comply with the requirements of Section 13.03, Airport Approach Cones
All applications within the AIR District shall be subject to the supplemental standards in Section 6.05 and
the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio communications or
radar operations at the Airport.
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
(4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any
other federal or state regulations pertaining to airports.
6.03 Airport Industrial District AIR-I
…
F. Additional Standards.
All applications for development within the AIR-I District involving new or expanded buildings or structures
shall comply with the requirements of Section 13.03, Airport Approach Cones.
All applications within the AIR District shall be subject to the supplemental standards in Section 6.05 and
the following additional standards:
(1) No use shall be permitted which will produce electrical interference with radio communications or
radar operations at the Airport.
(2) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
(3) No use shall be permitted which could obstruct the aerial approaches to the Airport.
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(4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any
other federal or state regulations pertaining to airports.
13.03 Airport Approach Cones
(A) All applications for development within the Airport Approach Cones, as shown on the Overlay
Districts Map, involving new or expanded buildings or structures shall provide documentation that either a
Notice to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of No
Hazard has been submitted to the FAA. Where an application for Determination of No Hazard has been
submitted, no zoning permit for construction shall be issued without demonstration of receipt of an issued
Determination.
A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations,
the uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and
Overlay Districts Map, shall be permitted subject to the following limitations:
(1) No use shall be permitted which will produce electrical interference with radio communication or
radar operations at the airport.
(2) No use shall be permitted which could obstruct the aerial approaches to the airport.
(3) All uses shall comply with applicable FAA or other federal or state regulations.
(4) No lights or glare shall be permitted which could interfere with vision or cause confusion with
airport lights.
• LDR-20-21F Earth Products (13.17):
Clarifies that maintenance of approved stormwater facilities does not require permits; tidies
language concerning exempted activities.
13.16 Earth Products
A. General Requirements. The conduct of a resource extraction operation that involves the removal
of loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with
the construction of a building on the same lot, shall be permitted in any district, except as limited by the
Surface Water Environmental Resource Protection Standards and Interstate Highway Overlay District,
subject to site plan approval by the Development Review Board after public notice.
B. Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which earth
products are to be removed. Also, the application shall include specific information pertaining to the
following factors and such other information as the Development Review Board may require. At minimum,
the following information shall be required:
(1) Depth of excavation, in proximity to roads or adjacent properties.
(2) Existing grade and proposed grade created by removal of material.
(3) Effect upon public health and safety.
(4) Creation of a nuisance.
(5) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(6) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
(7) Erosion potential due to removal of vegetative cover.
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C. Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(1) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(2) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
(3) Hours of operation, routes of transportation, and amount of material to be removed.
(4) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure
compliance with the provisions of these Regulations.
D. Review Authority. Notwithstanding any other provisions within these Regulations, applications
under this Section 13.16 shall be reviewed by the Development Review Board in all Zoning Districts and the
City Center FBC District.
E. Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation
of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower
the level of the water table or will interfere with the natural flow patterns or reduce the flood storage
capacity.
F. Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, or cemetery, or stormwater facility previously approved by the Development
Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of
same. An official exemption shall be obtained from the Administrative Officer, who will determine if
Development Review Board approval is or is not required.
• LDR-20-21G Utility Cabinets and Similar (Section 13.18):
Simplifies language, updates landscaping requirements; makes standards consist with other
screening requirements; removes text that is redundant to other standards
13.18 Utility Cabinets and Similar Structures
A. General Requirements. In any district, the Development Review Board may grant site plan approval
for the construction of a utility cabinet, or similar structure according to the following regulations.
B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent
communities.
(2) The minimum required lot for a public utility cabinet, substation, or communication relay
station on its own parcel may be reduced from the zoning district requirements, at the discretion
of the Development Review Board. In the event that the facility shall be erected on property not
owned by the utility, the Development Review Board shall require that the facility be located
unobtrusively.
(3) If the parcel containing the facility is landlocked, there shall be a recorded easement or
permission granting access to the utility or owner of the facility.
(4) There shall be sufficient landscaping or fencing with evergreens of sufficient height and
density opacity to screen effectively the facility year-round from surrounding streets and abutting
unaffiliated propertiesy. Landscaping may allow for the use of any doors so long as the door-side
of the units are not visible from an existing or planned public street.
(5) There shall be adequate off-street parking for maintenance, service, or other vehicles.
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(6) The location of the facility shall be shown on all relevant site plans.
(7) The Development Review Board may attach conditions in order to prevent any hazard to
the public or noise nuisance to surrounding property. Utility cabinets and similar structures shall
be located a minimum of five (5) feet from all existing or planned public roads or rights-of-way.
(8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat,
odor, noise, or vibration shall not be permitted in any district.
• LDR-20-18C Structures requiring setbacks (3.06(F)):
Removes redundant text. Setback required of all accessory structures.
3.06 Setbacks and Buffers
…
F. Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, the
front, side, and rear setback provisions in Section 3.06 shall apply to all structures, except for fences.
Residential utility sheds shall be set back at least five (5) feet from all property lines.
• LDR-20-18D Setbacks for pre-existing lots (Section 3.06(J):
Clarifies review authority.
3.06 Setbacks and Buffers
…
J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974.
The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that
meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the
existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling.
(1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a
distance equal to 50% of the side or rear setback requirement of the district., but iIn no event, however,
shall a structure have a side setback of less than five (5) feet unless approved by the Development
Review Board in accordance with subsection (3) below.
(2) Front Setbacks. A structure may encroach into a required front setback up to the average distance
to the building line of the principal structures on adjacent lots on the same street frontage. , but i In no
event, however, shall a structure have a front setback of less than five (5) feet unless approved by the
Development Review Board in accordance with subsection (3) below.
(3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required
setback beyond the limitations set forth in (1) and (2) above may be approved by the Development
Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure
be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property
line. No such additional encroachment shall be approved unless the In addition, the Development
Review Board finds shall determine that the proposed encroachment will not have an undue adverse
eaffect on:
(a) views of adjoining and/or nearby properties or principal buildings located thereon;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.
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(4) Processing of a Request. Any request under subsections (1) - (3) above to expand an existing
structure, or place a new structure, to within less than ten (10) feet of any property line shall include
the submission of survey data prepared by a licensed surveyor showing the location of affected
property lines, existing and/or proposed structures, and any other information deemed necessary by
the Administrative Officer.
(5) Lot Coverage. For lots that are five thousand (5,000) square feet or greater in size, but less than
seven thousand five hundred (7,500) square feet, lot coverage may exceed the maximum allowed for
the district up to a maximum of thirty percent (30%) for buildings and fifty percent (50%) for total lot
coverage. For lots that are less than five thousand (5,000) square feet in size, lot coverage may exceed
the maximum allowed for the district up to a maximum of forty percent (40%) for buildings and sixty
percent (60%) for total lot coverage.
• LDR-20-18E Setbacks and Buffer Strips Adjacent to Residential Districts (3.06(I)):
Clarifies language, makes exception for PUDs and Master Plan as those are reviewed separately.
3.06 Setbacks and Buffers
…
I. Setback and Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries.
(1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located
wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five
(65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan
or Planned Unit Development.Where a new non-residential use is adjacent to or within fifty (50) feet
of the boundary of a residential district, or where an existing non-residential use, structure or parking
area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to
be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65)
feet.
(2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in
subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings
as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot
wide buffer area.
(3) The Development Review Board may permit new or expanded nonresidential uses, structures and/or
parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) or (2)
above, and may approve a modification of the width of the required setback and/or landscaped buffer
as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or
fencing to be provided adjacent to the boundary of the residential district will provide equivalent
screening of the noise, light and visual impacts of the new non-residential use to that which would be
provided by the standard setback and buffer requirements in (1) above. However in no case may the
required side or rear setback be reduced below the standard requirement for the zoning district in
which the non-residential use is located.
• LDR-20-18F Height of Structures (3.07):
Clarifies process and links requests for waiver of maximum heights to Site Plan waiver standards.
Amendment will be provided alongside draft amendments to Site Plan Standards
• LDR-20-18G Height of Accessory Structure (3.07E):
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Clarifies applicability of standards for accessory structures exceeding the height of a principal
building.
3.07 Height of Structures
E. Accessory Structures in All Districts:
(1) Accessory structures shall not exceed fifteen (15) feet in height, except that:
(a) For industrial uses in non-residential districts, height standards for principal structures
shall apply for accessory structures; and,
(b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be
permitted where the structure is located at least thirty (30) feet from all property lines, the structure
has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and,
(c) (2) Accessory structures exceeding the maximum height in subsection (1) above of the principal
structure on the property shall require approval by the Development Review Board as a conditional use,
pursuant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the
accessory structure will be clearly secondary to the principal structure in function and in appearance from
the public right-of-way and adjacent properties.
• LDR-20-18H Additional Height Standards (3.07):
updates cross-references to other sections of the LDRs addressing Height of structures and
buildings.
3.07 Height of Structures
…
F. Additional Height requirements.
In addition to the requirements of this Section, the following provisions shall govern the heights of
structures:
• 3.12 Alteration of Grade
• of Sections 4.08 (G) [Non-complying structures in the QCP District];
• Article 8, City Center Form Based Code
• 10.023 [Scenic View Protection Overlay];
• 10.056 Urban Design Overlay District
• Article 11C: Building Types
• 13.03 Airport Approach Cones
• 13.10 [Solar Radiation]; and
• 13.07 Light Poles
• 13.08 Flag Poles
• 13.17 Fences
• Article 15C: Planned Unit Developments
• LDR-20-18J Drive-throughs (Section 5.01, 5.02, 13.09, Table C-1):
Consolidate standards and improve clarity as to when drive-throughs are permitted / prohibited
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5.01 Commercial 1
D. Additional Standards.
(1) All applications within the Commercial 1 District shall be subject to the supplemental standards in
Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and the following
restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut
consolidation and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane
length and aisle width.
(32) Educational facilities and educational support facilities in the Commercial 1 district shall be subject
to the dimensional standards and requirements of the Institutional-Agricultural North district.
5.02 Commercial With Automobile Sales District (C1-AUTO)
F. Additional Standards.
(1) All applications within the Commercial 1-AUTO District shall be subject to the supplemental
standards in Section 5.08.
(2) Applications for a drive-through facility shall be subject to conditional use review and the following
restrictions at minimum:
(a) Compliance with Traffic Overlay District provisions, if any.
(b) Compliance with an approved access management plan, providing for curb cut
consolidation and secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane
length and aisle width.
13.09 Standards for Drive-Through Facilities
A. Applicability. Drive-through facilities are prohibited in all districts except where specifically
provided for in Article 8 (Form Based Code) and Appendix C – Table of Uses.
B. Supplemental Standards. Where permitted, and in addition to any design, building, or placement
requirements within these Regulations, applications for a drive-through facility shall be subject to the
following supplemental requirements:
(1) Compliance with Traffic Overlay District provisions, if applicable.
(2) Compliance with an approved access management plan providing for curb cut
consolidation and secondary access.
(3) Mandatory technical review by a traffic consultant to determine adequate stacking lane
length and aisle width.